FINAL BILL REPORT

SSB 5124

PARTIAL VETO

                                  C 311 L 87

BYSenate Committee on Transportation (originally sponsored by Senators Peterson, Conner, Patterson, DeJarnatt, Hansen and Garrett)

Revising procedures for impoundment and disposition of unauthorized, abandoned, junk, and other vehicles.

Senate Committee on Transportation

House Committe on Transportation

SYNOPSIS AS ENACTED

BACKGROUND:

In 1985, following two years of studies and hearings by the Legislative Transportation Committee, the Legislature created Chapter 46.55 to regulate those tow truck operators who impound and store vehicles.  The Department of Licensing and the Washington State Patrol both have areas of jurisdiction of tow truck operators who impound from private and public property.  The Department of Licensing is responsible for the licensing of the operators, the processing of impounded vehicle owner information and tow truck operator complaint resolution.  The State Patrol is responsible for the pre-licensing inspections of tow truck equipment, facilities and records of the tow truck operator.

Currently, in some of the rural areas of the state tow truck operators are not able to carry the full amount of insurance mandated by the state as a licensing requirement.  This has impeded the State Patrol's responsibilities in the removal of vehicles following an accident, and other vehicles discovered upon the highways.

Statutory provisions which relate to impound authority and the vehicle redemption process are scattered throughout three chapters within Title 46 RCW.

SUMMARY:

Minimum insurance limits are reduced.  Liability for bodily injury or property damage is reduced from $250,000 to $100,000, and fire and theft insurance is reduced from $100,000 to $50,000.

New text is inserted which:  (1) Requires the Department of Licensing to return to the tow truck operator the owner information on an impounded vehicle within 48 hours; (2) clarifies that owner notification need not be sent if the vehicle is impounded as a result of a court order, writ or police hold, until such time as the hold is removed on the vehicle; (3) specifies that if the DOL finds no owner information on the vehicle, then an operator is authorized to conduct a search of the vehicle to determine whether or not any owner information is within the vehicle; (4) mandates that a right to a hearing form is to be included in the initial notification to both the legal and registered owners; (5) restricts the amount an operator may charge for storage in any 24-hour period to $10.

Language is clarified to specify that each separate business requires a separate registration under 46.55 RCW.

Language from 46.52, the old tow truck chapter, and 46.61, the rules of the road, that deal with the impounding of motor vehicles is transferred into 46.55.

A tow truck operator may not authorize an impound on behalf of the property owner.

A vehicle's insurer may view an impounded vehicle during normal business hours for no charge.  In addition, an insurer may redeem an insured's vehicle, if the registered or legal owner does not redeem the vehicle.

VOTES ON FINAL PASSAGE:

      Senate    38     9

      House 96   0 (House amended)

      Senate    46     0 (Senate concurred)

EFFECTIVE:July 26, 1987

Partial Veto Summary:  Two sections of the bill which deal with the Commission on Equipment's authority are vetoed.  This was necessitated because in another piece of legislation all authority of the Commission on Equipment is given to the Washington State Patrol.  (See VETO MESSAGE)